The Tribune

By FARRAH JOHNSON

fjohnson@tribunemedia.net

A MAGISTRATE discharged a Muslim man who was arrested for violating the national curfew after the accused explained he is homeless and seeking asylum in the country after fleeing China.

Mohetaer Maihemuti, 33, appeared before Senior Magistrate Derence Rolle-Davis after officers found him near Village Road around 12.15am on June 9. He pleaded guilty, but said he was unaware of the curfew until officers informed him that he was not allowed to be outdoors after 9pm.

Prosecutor Kenny Thompson told the court when officers arrested Maihemuti that morning, he told them he was outside because he had been evicted from the place he was renting and had no place to live. Sgt Thompson also said the defendant told police he was using wifi from a Burger King restaurant in the vicinity.

When given an opportunity to speak during the hearing, Maihemuti told the magistrate he was a refugee from China that had been living in The Bahamas for five years. He said he was not Chinese, but a part of an “ethnic minority of Turkey Muslim people that lived in a region in China under the communist China regime.” He added that he had received food, supplies and money from the government up until August of last year. After that, he said he applied to the United Nations (UN) for assistance and was given money to pay his rent. Still, he said after February, he did not receive any more funds from the UN or Bahamian officials although he applied for additional assistance. Maihemuti said when he was no longer able to pay his rent, his landlord evicted him. He added that he was waiting on the Bahamas Department of Immigration to give him legal documents because he did not have a work permit. He added that he “had to go outside and stay on the street,” because he did not have an income. He also noted that he had never had an issue with the law before.

As a result of his explanation, inquiries were made. During the hearing, an immigration officer was also able to confirm that Maihemuti was in the process of renewing his refugee status which had expired. He also noted that the process had been delayed because of the COVID-19 pandemic and assured the magistrate that the defendant’s application was in the final stages of processing and would be approved in a matter of days.

In response, Magistrate Rolle-Davis noted that although Maihemuti was granted asylum in the country, he would again be in violation of the emergency orders because he had no place to stay. Still, he said he would exercise his discretion and not impose a fine on the defendant, since he did not have any money to pay it. Magistrate Davis-Rolle then urged Maihemuti to apply for a work permit so that he could try and make money to take care of himself. He also noted that the country was in a peculiar position where some Bahamians needed assistance just as much as Maihemuti. Still, he insisted that they could not let him starve. “The reality is there must be a balance,” he stated. Maihemuti was subsequently discharged.